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Romain v. State ex rel Dep't of Wildlife and Fisheries11/12/2003
Disposition: REVERSED AND REMANDED.
Plaintiff-appellant, Charlotte St. Romain, appeals a judgment dismissing from her lawsuit her "state law claims for sexual discrimination" as well as her "sexual harassment claims" against defendants, State of Louisiana, Department of Wildlife and Fisheries (DWF) and Lyle Soniat. We reverse and remand for further proceedings.
I. FACTUAL AND PROCEDURAL BACKGROUND
St. Romain was hired by DWF as a Wildlife Educator Supervisor in April 1999. On May 12, 2000, she was released from her employment obligations.
On November 2, 2000, St. Romain filed this lawsuit naming DWF and her immediate supervisor, Soniat, as defendants, averring that she was wrongfully released from employment because she complained that Soniat created a sexually hostile working environment which DWF permitted to persist. In July 2002, defendants filed a motion for summary judgment seeking dismissal of, among other things, St. Romain's "state law claims of sexual discrimination" and her "sexual harassment claims."
After a hearing, the trial court signed a judgment, which expressly stated St. Romain's "claims of sexual harassment are subject to the exclusive jurisdiction of the [Civil Service Commission (CSC)]." In addition, summary judgment was granted to defendants, expressly dismissing St. Romain's "sexual harassment claims." The judgment signed by the trial court also provides that St. Romain's "state law claims of sexual discrimination are likewise subject to the exclusive jurisdiction of the " and, therefore, dismissed. This appeal by St. Romain followed.
II. SUBJECT MATTER JURISDICTION
Louisiana Constitution article V, § 16(A)(1), addressing the original jurisdiction of our state's district courts, provides in pertinent part, "Except as otherwise authorized by this constitution or except as ... provided by law ... a district court shall have original jurisdiction of all civil ... matters." Louisiana Constitution article V, § 16(A) vests jurisdiction over all civil and criminal matters in the district courts of Louisiana except as otherwise authorized by the Constitution. A constitutionally-authorized exception to the district courts' jurisdiction is set forth in La. Const. art. X, § 12(A), which grants to the CSC in the civil service context "the exclusive power and authority to hear and decide all removal and disciplinary cases." While La. Const. art. X, § 12(A) expressly establishes that the CSC has exclusive original jurisdiction over all removal and disciplinary cases, it is silent on discrimination cases. See La. Dep't of Agriculture and Forestry v. Sumrall, 98-1587, p. 6 (La. 3/2/99), 728 So.2d 1254, 1259.
Louisiana Constitution article X, § 8 states:
(A) Disciplinary Actions. No person who has gained permanent status in the classified state or city service shall be subjected to disciplinary action except for cause expressed in writing. A classified employee subjected to such disciplinary action shall have the right of appeal to the appropriate commission pursuant to Section 12 of this Part. The burden of proof on appeal, as to the facts, shall be on the appointing authority.
(B) Discrimination. No classified employee shall be discriminated against because of his political or religious beliefs, sex, or race. A classified employee so discriminated against shall have the right of appeal to the appropriate commission pursuant to Section 12 of this Part. The burden of proof on appeal, as to the facts, shall be on the employee.
Thus, in order to assess the CSC's quasi judicial authority, La. Const. art. X, § 8(B) must be read together with § 12. Sumrall,
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